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I was indicted for burglary of a building in Texas but have received no documentation or information about the incident. I found out about the indictment during my arrest. After posting bond and spending 4 days in jail, I had my arraignment there and was told my next court date is on February 3rd.... View More 
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answered on Feb 25, 2025
Burglary is a serious Felony in TX. If it is NOT a house where people live, the sentence range if found guilty is 180 days - 2 years. There are other factors that can enhance or increase the sentence range.
If you have a lawyer (hired or appointed), they have the obligation to file or... View More
I was arrested a month ago at my home on an indictment warrant from 2023 for burglary of a building, which I was unaware of. I called the police to report a burglary at my house, and the officer arrested me at my door, stating there was a warrant for my arrest. I have never received any... View More
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answered on Feb 22, 2025
Your question is a bit hard to get out of the statement you gave. So I will try to walk through it, step by step.
So, when you called the police about a burglary at your house, they arrived, spoke to you, then told you there was a warrant out for your arrest.
The police are... View More
My family member has been sentenced to 33 years for simple possession of more than four but less than 400 grams of a Schedule 2 narcotic. We believe the sentence is unjust. Her previous lawyer advised her to take an open plea, which led to this sentence, and has since withdrawn after being paid... View More
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answered on Feb 21, 2025
In Texas:
First, you MUST file a Notice of Appeal, and file it with the Clerk of the Court from which the sentence was imposed.
Second, you must serve the Notice of Appeal on the District Attorney's Office from the County where you were convicted.
Third, If you go past... View More
I am applying for a name change in Harris County, Texas, and the application asks if I have ever been charged with a Class A or B misdemeanor or felony, requesting an FBI or SID number if applicable. Over 20 years ago, in the state of Florida, I was charged with tampering with physical evidence and... View More
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answered on Feb 21, 2025
I would have to see the paperwork for the sealed record. If your case
did not result in a conviction of any kind, and there is a Court Order Sealing the record of the arrest and the court proceedings, then you may answer the question in the negative - NO.
The reason I say the above... View More
I had a felony charge that was no-billed and a misdemeanor charge that was dismissed about 10 years ago, and I paid for both to be expunged. I have the court order confirming the expungement. However, I am facing rejections from jobs because these charges appear on background checks, although I... View More
answered on Feb 21, 2025
Expunging a criminal record only removes it from court records. Data and background check companies have programs that constantly scrape public records databases. They find the record of your arrest within days of it happening and case disposition records within days of the order being signed.... View More
I was in a car accident in Texas in December 2022 while intoxicated and was hospitalized for two weeks. I dislocated my hip, used a cane, and attended physical therapy. I turned myself in in August 2023, but the authorities claim the statute of limitations starts from August 2023, not from the... View More
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answered on Feb 19, 2025
The question I have is when did they file the criminal information for the DWI and the carrying a weapon cases? The statue of limitations on a Misdemeanor in Texas is two years. So they had two years from December 2022 to file charges. So hypothetically, if charges were not filed until January of... View More
I was in a car accident in Texas in December 2022 while intoxicated and was hospitalized for two weeks. I dislocated my hip, used a cane, and attended physical therapy. I turned myself in in August 2023, but the authorities claim the statute of limitations starts from August 2023, not from the... View More
answered on Feb 19, 2025
No, they cannot. But the statute of limitations only governs how long from when the even happened must the formal charges be filed. As long as the formal charges are filed within the prescribed time period, the statute of limitations is met. Typically, the formal charges can be amended even... View More
In Montgomery County, Texas, I posted a bail bond for $500 and later realized there was a Power of Attorney (POA) granted through the bond without my knowledge. I've never seen or had the terms explained, and I'm unsure about any financial implications. In addition, there is confusion... View More
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answered on Feb 17, 2025
When you enter into an agreement with a Bonding company, you sign a contract. You are then bound to the terms. There are lots of rules that the Bond Co. must follow. You can see the rules in the Penal code. It is available on the internet.
The $400 is probably the pro-rated fee for your... View More
In 2020, a child told me about possible abuse, but at the time, she said she was lying because she was mad, so I didn't report it. In 2024, she reported the incident to her mother, who then reported it to the authorities. The detectives contacted me, and I truthfully shared all the child had... View More
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answered on Feb 16, 2025
I will answer the question without knowing who you are, and whether or not you work for the State. Most State, and municipal workers have a duty to report child abuse. So do Doctors, nurses, social workers, and others who work with children.
Failing to report for the reason you gave in your... View More
In 2020, a child told me about possible abuse, but at the time, she said she was lying because she was mad, so I didn't report it. In 2024, she reported the incident to her mother, who then reported it to the authorities. The detectives contacted me, and I truthfully shared all the child had... View More
answered on Feb 17, 2025
Apart from John Cucci's advice, with which I wholeheartedly agree, it may be very helpful for you to consult him or another attorney about what you should expect as a witness in such a case. You should be prepared for various lines of questioning that I think are likely to occur that will be... View More
I experienced a situation where another driver attempted to run me off the road while pointing a firearm at me, making me fear for my life. I also carry a firearm but chose not to use it, as I was unsure about the legality of firing from a moving vehicle. There were probably witnesses and camera... View More
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answered on Feb 16, 2025
I assume you are NOT a convicted Felon nor convicted of any Domestic Violence crimes in the past 10 years.
The fact that you were mobile, and probably had numerous options to get out of the situation with little effort. would not be good for you, if you shot at him.
The TX law... View More
My truck was seized by the police, and they are claiming it's contraband after drugs were found in it. My employee was driving the truck at the time, and I was not involved. The employee was supposed to take the truck to the shop, and I did not authorize any other use. I have not received any... View More
answered on Feb 16, 2025
The answer is that you shouldn't even try to argue this by yourself without counsel. You should redouble your efforts and find a lawyer.... QUICKLY.
I think you should be able to find a young man or woman who would be willing to jump right into this.
By the way, the facts... View More
My son was indicted on felon charges July 10, 2024. He was incarcerated in the neighboring county since August 2, 2024 then sent to TDJC December 13, 2024 where his is now serving time on another charge. All court hearings were schedule from August 23, 2024-October 1, 2024 while he was still less... View More
answered on Feb 11, 2025
There is a 180-day rule that applies between being arrested for an offense and being indicted that provides the arrestee must be released from jail on a personal recognizance bond if the arrestee is not indicted within 180 days.
But there is no 180-day rule post-indictment. He is entitled... View More
In Texas, wife caught shoplifting and was arrested value $255, I bond her out and waiting for her court date, she is 1st time offender & she is on H4 Visa. would like to discuss few options how to best handle this situation
• Can we request department store to drop charge by... View More
answered on Feb 10, 2025
You’ve got a lot of questions here, but the ultimate answer is that you need to *call a lawyer*, have a consultation with them to get the answers and perspective you need, then hire that lawyer to defend your wife. The stakes are much higher considering her immigration status.
The store... View More
If you violated a protective order that you were told was lifted but was not and then a sheriff came over and tried to arrest you with a warrant that he wouldn't show you and you were in your house and he was not invited in. He reached through the doorway and grabbed your wrist and you stepped... View More
answered on Feb 8, 2025
Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.
As the... View More
answered on Feb 5, 2025
Interfering with a 911 call can happen in various ways, not just hanging up the phone when someone has successfully called 911. If the defendant allegedly snatched the victim’s phone away, for example. Especially if your charges came in the context of family violence allegations, you need to hire... View More
This would include assault of a child, neglect of any type and sexual harassment
answered on Feb 3, 2025
If the lawsuit will be against someone for monetary damages, the lawsuit falls into the area of practice known as personal injury law.
If the lawsuit will be to terminate or modify the parent-child relationship, it falls with the area of practice known as family law.
These types... View More
We own the 15-acre facility & pay taxes every year. Due to his financial situation, we allowed him to stay & work in lieu of rent. Nothing in writing was ever done about this arrangement, all verbal. He's using his truck & camper shell to live in behind our office. Last Friday,... View More
answered on Jan 23, 2025
Because there is no agreement to pay rent, you must give him 30-days advance written notice to vacate for the reasons stated in your question. If he fails to surrender possession of the premises to you after 30 days, you must file an eviction suit in the justice of peace for the precinct where the... View More
An my bondsmen went off my bond cause I didn't have the money n court is coming up
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answered on Jan 20, 2025
I didn't see a question in your posting.
The basics in a criminal matter are as follows:
1. Do NOT talk to police or the DA's office about anything. You are only required to give your name and address.
2. Remember that Bondsmen/Bondswomen, are usually NOT on your... View More
I'm curious on why they relied on prior cases instead of technology.?
I'm interested to know more.
answered on Jan 16, 2025
From the appellate opinion, it does not appear that any type of "technology" is involved. The victims of the sexual assaults testified what happened. The defendant's attorney attempted to raise questions as to the consistency and reliability of the victims' testimony. A jury,... View More
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